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Where do I go from here?

by iPete
10 replies
Hi everyone,

About a year ago a client came to us with an idea for an app. The project dragged on over the course of about one year because there were months when the client would seem to put the project on the back burner because they were so busy with other things. We started to think the project was dead which seemed a shame because the idea is a good one so we decided to completely re-build the app from scratch for ourselves using none of the original code at all.

The client now wants to go ahead and launch the original app that we built which is fine, we don't mind handing over all the code etc of the version one of the app. They don't know we have re-made the app completely. I think they think they own the idea of the app even though there are other companies offering the same kind of service already so they haven't exactly invented the wheel or anything.

My question is where do we stand when it comes to setting up a company and launching our re-made version two of the app on our own? We have no quibbles about handing over their app, we'd just like some advice on whether we're doing something a bit naughty and whether we're okay to continue?

Thanks

iPete
#app #client #copyright #issues #owner
  • Profile picture of the author paladinseo
    its a dog eat dog world out there, what do u think will happen if they launche the app ?
    if its successful, competition will clone it.
    U got a leg up on the race, launche ur version first under some other company
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    • Profile picture of the author iPete
      Thanks paladinseo, we thought as much.

      Originally Posted by paladinseo View Post

      its a dog eat dog world out there, what do u think will happen if they launche the app ?
      if its successful, competition will clone it.
      U got a leg up on the race, launche ur version first under some other company
      {{ DiscussionBoard.errors[10512043].message }}
  • Profile picture of the author jessicandre234
    See nothing wrong in what you are doing. Recently, some of the big players in the online world did such. And even Facebook and others like that was not initially the founder's idea.
    So you well good to go.
    Signature
    Engage Expertise Inc. is your one stop for all your web related service. Are you worried about your brand not getting be heard or even search engine friendly. Do you want to make your video or website more noticeable on search engine without anything illegal or blackhat.
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    • Profile picture of the author iPete
      Cool thanks for the reply


      Originally Posted by jessicandre234 View Post

      See nothing wrong in what you are doing. Recently, some of the big players in the online world did such. And even Facebook and others like that was not initially the founder's idea.
      So you well good to go.
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  • Profile picture of the author kartik321
    There is no problem in handling the codes to client just sign a document that you have given all functionality of apps and all those things which comes under policies.
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  • Profile picture of the author Iale
    This is interesting

    As I think, today, there's really no completely original idea out there anymore

    It's just a matter of who has the most kickass twist in their version

    And because you guys do the coding - you're at an advantage as I see it

    PLUS, you're a warrior... so you know "marketing"

    And that's a super advantage

    Hhhhhmmmm...
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    • Profile picture of the author Jill Carpenter
      1. Check the fine print of your contract/agreement.

      2. Think about things from the marketing perspective. Just because you are great at making a similar app does not mean you will be just as effective at marketing it.

      I'm trying to wrap my head around the "ethical" part of what you want to do.

      I'm a bit torn here.

      While no one really owns an "idea" I guess it would be a partial factor of how much this client pays or has been paying you. Is it worth it to keep this client for long term? Will you make more by providing your version of the app into the market then what long term the client would be willing to pay you for upgrades and maintenance?

      If you are totally ripping off the specified functionality of the app which may have been handed to you by the client then I think this is a bad move.

      If you merely took the general initial idea but gave it completely different functionality then it might be ok.

      For example. If I have a specific plugin that I've ordered to be coded, I expect fresh coding. If there is absolutely no other plugin on the market like it then I'd be beyond peeved to see my programmers took my specified functionality and just pretty much rebranded it. Does not matter that the codes are different. It's specific to predetermined functions.

      But if I knowingly go in and have a plugin created that others have the same idea of, all I can expect is for the programmer to make my version. I should be smart enough to make sure some functionality is specific to my own branding or for me. Because at that point it is already a wide open market and the only way to stand out will be with my own USP. So if you then are excluding my specific USP from what ever designs you are creating I won't really care.

      But honestly, I'm not a lawyer. I don't know what kinds of changes you are talking about. And I don't know what arrangement you have with the client.
      Signature

      "May I have ten thousand marbles, please?"

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      • Profile picture of the author Jill Carpenter
        Originally Posted by Iale View Post


        PLUS, you're a warrior... so you know "marketing"

        And that's a super advantage

        Hhhhhmmmm...
        Not all people here really know marketing just by being a member.
        Signature

        "May I have ten thousand marbles, please?"

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      • Profile picture of the author iPete
        Thanks Jill,

        There is no agreement/contract in place whatsoever, we didn't sign anything. I know it's bad on our part but could this work out better for us not having anything signed?

        Thanks,

        iPete

        Originally Posted by Jill Carpenter View Post

        1. Check the fine print of your contract/agreement.

        2. Think about things from the marketing perspective. Just because you are great at making a similar app does not mean you will be just as effective at marketing it.

        I'm trying to wrap my head around the "ethical" part of what you want to do.

        I'm a bit torn here.

        While no one really owns an "idea" I guess it would be a partial factor of how much this client pays or has been paying you. Is it worth it to keep this client for long term? Will you make more by providing your version of the app into the market then what long term the client would be willing to pay you for upgrades and maintenance?

        If you are totally ripping off the specified functionality of the app which may have been handed to you by the client then I think this is a bad move.

        If you merely took the general initial idea but gave it completely different functionality then it might be ok.

        For example. If I have a specific plugin that I've ordered to be coded, I expect fresh coding. If there is absolutely no other plugin on the market like it then I'd be beyond peeved to see my programmers took my specified functionality and just pretty much rebranded it. Does not matter that the codes are different. It's specific to predetermined functions.

        But if I knowingly go in and have a plugin created that others have the same idea of, all I can expect is for the programmer to make my version. I should be smart enough to make sure some functionality is specific to my own branding or for me. Because at that point it is already a wide open market and the only way to stand out will be with my own USP. So if you then are excluding my specific USP from what ever designs you are creating I won't really care.

        But honestly, I'm not a lawyer. I don't know what kinds of changes you are talking about. And I don't know what arrangement you have with the client.
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  • Profile picture of the author Jack Gordon
    You need the advice of an IP lawyer. Free legal advice from the internet is worth every penny you paid for it.

    Ethically? In my mind it boils down to the relationship with the client. Were you a hired hack to pump out some code, or is this a long term relationship where trust needs to be earned and maintained?
    Signature
    Fifteen Lessons I have learned over 15 years and six businesses (or, My 1000th-Post Manifesto)
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